Case Briefs

Robert Ian Penner, a permanent resident of Canada who came Nepal via working visa in Sprout Technology had lodged a writ in Supreme court of Nepal on 2073/01/22, asserting that he was arrested by police without any notice and kept in Immigration Department for more than 26 hours which violated principle of natural justice. He stated that he was forced to sign a paper that stated cancellation of his working visa and he should return back to his country within 2 days. With the notice of order of Immigration department, Sprout Technology conducted a meeting in the Board on 2073/01/22 and fired him and he flew back in 2073/01/23.

During the lockdown, the state has closed down many facilities like reproductive rights related, right to justice ( against domestic violence), which affected many women inside the state territory as the facilities of quarantine provided by the state are not safe for women. State put a blind eye to the high-risk group who had to stay out of the national territory. Moreover, those who lost their lives are exposed to full address harm their right to privacy and create social tension. The Federal Government formed a High-Level Committee for the Prevention and Control of Covid-19 without involving women, which raised questions over the principle of proportional inclusiveness. Plaintiff filed a Writ petition Mandamaus and necessary directive orders in the name of Government.

Nepal is committed to discredit “protectionism” in the areas of trademark registration. The decision of the Supreme Court in favor of foreign companies rather than the local company is a precedent that the international company can rely upon if they ever wish to invest or do business in Nepal.